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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
1–20 · Page 1 of 9
Supreme Court of India1 Aug 2019Full text
2019 INSC 851 · [2019] 18 S.C.R. 1007
through the instrumentality of laws, and that death A ought not to be awarded save in the ‘rarest of rare’ cases and when the alternative option is incontrovertibly foreclosed. The brutality of the manner in which the crime … was committed may not be the sole ground for judging whether the case is one of the ‘rarest of rare’. [Paras 9 and 12] [1061-C-D; 1062-G; 1063-A] B 6. The expression ‘
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
1–20 · Page 1 of 9
Supreme Court of India1 Aug 2019Full text
2019 INSC 851 · [2019] 18 S.C.R. 1007
through the instrumentality of laws, and that death A ought not to be awarded save in the ‘rarest of rare’ cases and when the alternative option is incontrovertibly foreclosed. The brutality of the manner in which the crime … was committed may not be the sole ground for judging whether the case is one of the ‘rarest of rare’. [Paras 9 and 12] [1061-C-D; 1062-G; 1063-A] B 6. The expression ‘
Matched in judgment text
Supreme Court of India28 Nov 2018Full text
2018 INSC 1112 · [2018] 14 S.C.R. 355
Thus, in essence, the rarest of rare dictum imposes a wide-ranging embargo on award of death punishment, which can only G be revoked if the facts of the case successfully satisfy double qualification enumerated below: 1. that … the case belongs to the rarest of rare category, H CHHANNU LAL VERMA v. THE STATE OF CHHATTISGARH 367 [KURIAN, J. ] 2. and the alternative option of life imprisonment will just not A suffice in the facts
Matched in judgment text
Supreme Court of India25 Apr 2013Full text
2013 INSC 281 · [2013] 6 S.C.R. 949
not aggravating circumstance unless the accused is found guilty and convicted in those cases. Death sentence - Rarest of Rare case principle -E Applicability of - Held: Per Madan Lokur, J. - The principle of rarest of rare cases is based … other cases - Due to lack of empirical data for making two fold comparison, the application of the rarest of rare principle becomes extremely delicate, thereby making F the awarding of death sentence subjective or judge-centric -While converting
Matched in judgment text
Supreme Court of India10 Dec 2019Full text
2019 INSC 1352 · [2019] 17 S.C.R. 661
quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon D an enquiry as to the reliability … act according to its whim or caprice.” 42. As to what is the scope of the expression “rarest of rare E cases” indicated in paragraph 103, we may only refer to the judgment of this Court in Jeffrey
Matched in judgment text
Supreme Court of India7 Feb 2013Full text
2013 INSC 79 · [2013] 1 S.C.R. 783
and there should be no mitigating circumstance (criminal test) favouring the accused E - Even thereafter test of rarest of rare case has to be applied. Death sentence - Rarest of rare case test - Criteria -Held: Test of rarest
Matched in judgment text
Supreme Court of India28 Jan 2013Full text
2013 INSC 61 · [2013] 3 S.C.R. 90
motive of the accused was correct rather we feel it does not come within the category of "rarest of rare" case to award death penalty. 16. The doctrine of "rarest of rare" confines two aspects and when both … the death C penalty can be imposed. Firstly, the case must clearly fall within the ambit of "rarest of rare" and secondly, when the alternative option is unquestionably foreclosed. Bachan Singh (supra) suggested selection of death punishment
Matched in judgment text
Supreme Court of India28 Feb 2012Full text
2012 INSC 116 · [2012] 3 S.C.R. 599
circumstances and the motive and status of the victim, undoubtedly brings the case within the ambit of 'rarest of rare' cases and the Court finds that. the imposition of life imprisonment would F be inflicting of inadequate punishment … the Court may award death penalty. Wherever, the case falls in any of the exceptions to the 'rarest of rare' cases, the Court may exercise its judicial discretion while imposing life imprisonment in place of death sentence
Matched in judgment text
Supreme Court of India28 Feb 2012Full text
2012 INSC 117 · [2012] 3 S.C.R. 630
circumstances and the motive and status of the victim, undoubtedly brings the case within the ambit of 'rarest of rare' cases and the Court finds E that the imposition of life imprisonment would be inflicting of inadequate punishment … the Court may award death penalty. Wherever, the case falls in any of the exceptions to the 'rarest of rare' cases, the Court may exercise its judicial discretion while imposing life imprisonment in place of death sentence
Matched in judgment text
Supreme Court of India7 Jul 2011Full text
2011 INSC 478 · [2011] 9 S.C.R. 41
life through law's instrumentalities and that ought not to be C done, save in the rarest of rare cases, unless the alternative option is unquestionably foreclosed. In exercise of its discretion, the Court would also take into … recorded for imposing the E punishment of death sentence. This is how the concept of rarest of rare cases has emerged in law. Viewed from that angle, both the legislative provisions and judicial pronouncements are at ad idem
Matched in judgment text
Supreme Court of India13 Sep 2011Full text
2011 INSC 677 · [2011] 13 S.C.R. 1000
the latter belongs to the category of rarest of rare cases, and A hence death sentence should be given. 99. This distinction has been clarified by a recent judgment of my learned brother Hon'ble C. K. Prasad … that death sentence can be inflicted only in a case which comes within the category of the rarest of rare cases but there is no hard-and-fast rule and parameter to C decide this vexed issue. This
Matched in judgment text
Supreme Court of India14 Feb 2019Full text
2019 INSC 196 · [2019] 8 S.C.R. 266
Awarding death sentence is an exception, not the rule, and only in the rarest of rare cases, the court could award death sentence. The state of mind of a person awaiting death sentence and the state of mind … CrPC.” 26. In Mohinder Singh vs. State of Punjab9, this Court held:-“22. The doctrine of “rarest of rare” confines two aspects and when both the aspects are satisfied only then the death F penalty can be imposed
Matched in judgment text
Supreme Court of India27 Sep 2013Full text
2013 INSC 657 · [2013] 14 S.C.R. 361
and mitigating circumstances. There is no consideration as to whether the case on facts falls under the rarest of rare category. [Paras 20, 21, 22, 23 and … properly balanced so C as to decide whether an offence of murder would fall under the rarest of rare category to be visited with the extreme punishment of death. The Court, under Section 354(3) of Cr.PC, has
Matched in judgment text
Supreme Court of India2 Dec 2015Full text
2015 INSC 886 · [2015] 14 S.C.R. 613
that even in cases where court were to find that the offence belonged to the category of "rarest of rare" and deserved death penalty, such death convicts can still be granted benefit under Section C 432/433 ofCr.P.C … the other hand, if the court were to find that the case did not belong to the "rarest of rare" category and were to put the matter beyond any remissions, the prisoner in the latter category would stand
Matched in judgment text
Supreme Court of India1 Feb 2011Full text
2011 INSC 89 · [2011] 2 S.C.R. 367
life imprisonment on account F of the circumstances which could not be included within the category of rarest of rare cases which merited the death penalty. 23. Ms. Suri submitted that in the instant case also there … indicated that the offence had been committed in a manner which brought it within the ambit of "rarest of rare cases", for which anything less than the death penalty would be inadequate. Ms. Suri submitted that taken
Matched in judgment text
Supreme Court of India5 May 2017Full text
2017 INSC 448 · [2017] 6 S.C.R. 1
Crime against 1vomen. Death sentence - Rarest of rare cases - In the instant case, gruesome offences were committed with highest viciousness -Human lust was allowed to take such a demonic fonn - The accused may not be hardened criminals; but … night shocks the collective conscience of the society - The instant case clearly comes within the catego1y of 'rarest of rare case' where the question of H 4 SUPREME COURT REPORTS (2017] 6 S.C.R. A any other punishment
Matched in judgment text
Supreme Court of India2 Sep 2014Full text
2014 INSC 590 · [2014] 11 S.C.R. 1009
Supreme Court in all death sentence cases, and apart from death sentence being granted · only in the rarest of rare cases, two factors have impressed us .. The first is the.irreversibility of a death penalty. And the second … behind returning the verdict of death sentence is that it has to be H awarded in the rarest of rare cases. There may be aggravating MOHD. ARIF @ASHFAQ v. REGISTRAR, SUPREME 1031• COURT OF INDIA [R.F. NARIMAN
Matched in judgment text
Supreme Court of India10 Aug 2011Full text
2011 INSC 571 · [2011] 10 S.C.R. 56
even without any 8 reference to any other case law, we held this case to be the rarest of rare case. Similar sentiment was expressed by this Court in State v. Navjot Singh Sandhu [2005 (11) SCC … parallel in the history of Indian Republic, presents us in crystal clear terms, a spectacle of rarest of rare cases. The very idea of D attacking and overpowering a sovereign democratic institution by using powerful arms and explosives
Matched in judgment text
Supreme Court of India21 Feb 2019Full text
2019 INSC 247 · [2019] 11 S.C.R. 295
Awarding death sentence is an exception, not the rule, and only in the rarest of rare cases, the court could award death sentence. The state of mind of a person awaiting death sentence and the state of mind … CrPC.” 109. In Mohinder Singh v. State of Punjab8, this Court held:-“22. The doctrine of “rarest of rare” confines two aspects G and when both the aspects are satisfied only then the death penalty can be imposed
Matched in judgment text
Supreme Court of India12 Dec 2018Full text
2018 INSC 1194 · [2018] 14 S.C.R. 585
The rarest of rare dictum, as discussed above, hints at this difference between death punishment and the alternative punishment of life imprisonment. The relevant question here would be to determine whether life imprisonment as a punishment will … aim of reformation can be said to be unachievable. Therefore, for satisfying the second exception to the rarest of rare doctrine, the court will have to provide clear evidence as to why the convict is not fit for
Matched in judgment text
Supreme Court of India15 Feb 2011Full text
2011 INSC 125 · [2011] 4 S.C.R. 312
Sentence/Sentencing - Death sentence - Commutation to life, if warranted - 'Rarest of rare' test - Murder of sitting member of State Legislative Assembly - Accused-appellants were part of the coal mafia and deceased being opposed to F such activities incurred their … wrath and got killed - Trial Court convicted the appellants but did not find it to be a rarest of rare case and awarded them life sentence - High Court enhanced the sentence by imposing upon the accused-appellants the
Matched in judgment text
Also on Law on Tips: Bare Acts · Legal news and analysis
Matched in judgment text
Supreme Court of India28 Nov 2018Full text
2018 INSC 1112 · [2018] 14 S.C.R. 355
Thus, in essence, the rarest of rare dictum imposes a wide-ranging embargo on award of death punishment, which can only G be revoked if the facts of the case successfully satisfy double qualification enumerated below: 1. that … the case belongs to the rarest of rare category, H CHHANNU LAL VERMA v. THE STATE OF CHHATTISGARH 367 [KURIAN, J. ] 2. and the alternative option of life imprisonment will just not A suffice in the facts
Matched in judgment text
Supreme Court of India25 Apr 2013Full text
2013 INSC 281 · [2013] 6 S.C.R. 949
not aggravating circumstance unless the accused is found guilty and convicted in those cases. Death sentence - Rarest of Rare case principle -E Applicability of - Held: Per Madan Lokur, J. - The principle of rarest of rare cases is based … other cases - Due to lack of empirical data for making two fold comparison, the application of the rarest of rare principle becomes extremely delicate, thereby making F the awarding of death sentence subjective or judge-centric -While converting
Matched in judgment text
Supreme Court of India10 Dec 2019Full text
2019 INSC 1352 · [2019] 17 S.C.R. 661
quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon D an enquiry as to the reliability … act according to its whim or caprice.” 42. As to what is the scope of the expression “rarest of rare E cases” indicated in paragraph 103, we may only refer to the judgment of this Court in Jeffrey
Matched in judgment text
Supreme Court of India7 Feb 2013Full text
2013 INSC 79 · [2013] 1 S.C.R. 783
and there should be no mitigating circumstance (criminal test) favouring the accused E - Even thereafter test of rarest of rare case has to be applied. Death sentence - Rarest of rare case test - Criteria -Held: Test of rarest
Matched in judgment text
Supreme Court of India28 Jan 2013Full text
2013 INSC 61 · [2013] 3 S.C.R. 90
motive of the accused was correct rather we feel it does not come within the category of "rarest of rare" case to award death penalty. 16. The doctrine of "rarest of rare" confines two aspects and when both … the death C penalty can be imposed. Firstly, the case must clearly fall within the ambit of "rarest of rare" and secondly, when the alternative option is unquestionably foreclosed. Bachan Singh (supra) suggested selection of death punishment
Matched in judgment text
Supreme Court of India28 Feb 2012Full text
2012 INSC 116 · [2012] 3 S.C.R. 599
circumstances and the motive and status of the victim, undoubtedly brings the case within the ambit of 'rarest of rare' cases and the Court finds that. the imposition of life imprisonment would F be inflicting of inadequate punishment … the Court may award death penalty. Wherever, the case falls in any of the exceptions to the 'rarest of rare' cases, the Court may exercise its judicial discretion while imposing life imprisonment in place of death sentence
Matched in judgment text
Supreme Court of India28 Feb 2012Full text
2012 INSC 117 · [2012] 3 S.C.R. 630
circumstances and the motive and status of the victim, undoubtedly brings the case within the ambit of 'rarest of rare' cases and the Court finds E that the imposition of life imprisonment would be inflicting of inadequate punishment … the Court may award death penalty. Wherever, the case falls in any of the exceptions to the 'rarest of rare' cases, the Court may exercise its judicial discretion while imposing life imprisonment in place of death sentence
Matched in judgment text
Supreme Court of India7 Jul 2011Full text
2011 INSC 478 · [2011] 9 S.C.R. 41
life through law's instrumentalities and that ought not to be C done, save in the rarest of rare cases, unless the alternative option is unquestionably foreclosed. In exercise of its discretion, the Court would also take into … recorded for imposing the E punishment of death sentence. This is how the concept of rarest of rare cases has emerged in law. Viewed from that angle, both the legislative provisions and judicial pronouncements are at ad idem
Matched in judgment text
Supreme Court of India13 Sep 2011Full text
2011 INSC 677 · [2011] 13 S.C.R. 1000
the latter belongs to the category of rarest of rare cases, and A hence death sentence should be given. 99. This distinction has been clarified by a recent judgment of my learned brother Hon'ble C. K. Prasad … that death sentence can be inflicted only in a case which comes within the category of the rarest of rare cases but there is no hard-and-fast rule and parameter to C decide this vexed issue. This
Matched in judgment text
Supreme Court of India14 Feb 2019Full text
2019 INSC 196 · [2019] 8 S.C.R. 266
Awarding death sentence is an exception, not the rule, and only in the rarest of rare cases, the court could award death sentence. The state of mind of a person awaiting death sentence and the state of mind … CrPC.” 26. In Mohinder Singh vs. State of Punjab9, this Court held:-“22. The doctrine of “rarest of rare” confines two aspects and when both the aspects are satisfied only then the death F penalty can be imposed
Matched in judgment text
Supreme Court of India27 Sep 2013Full text
2013 INSC 657 · [2013] 14 S.C.R. 361
and mitigating circumstances. There is no consideration as to whether the case on facts falls under the rarest of rare category. [Paras 20, 21, 22, 23 and … properly balanced so C as to decide whether an offence of murder would fall under the rarest of rare category to be visited with the extreme punishment of death. The Court, under Section 354(3) of Cr.PC, has
Matched in judgment text
Supreme Court of India2 Dec 2015Full text
2015 INSC 886 · [2015] 14 S.C.R. 613
that even in cases where court were to find that the offence belonged to the category of "rarest of rare" and deserved death penalty, such death convicts can still be granted benefit under Section C 432/433 ofCr.P.C … the other hand, if the court were to find that the case did not belong to the "rarest of rare" category and were to put the matter beyond any remissions, the prisoner in the latter category would stand
Matched in judgment text
Supreme Court of India1 Feb 2011Full text
2011 INSC 89 · [2011] 2 S.C.R. 367
life imprisonment on account F of the circumstances which could not be included within the category of rarest of rare cases which merited the death penalty. 23. Ms. Suri submitted that in the instant case also there … indicated that the offence had been committed in a manner which brought it within the ambit of "rarest of rare cases", for which anything less than the death penalty would be inadequate. Ms. Suri submitted that taken
Matched in judgment text
Supreme Court of India5 May 2017Full text
2017 INSC 448 · [2017] 6 S.C.R. 1
Crime against 1vomen. Death sentence - Rarest of rare cases - In the instant case, gruesome offences were committed with highest viciousness -Human lust was allowed to take such a demonic fonn - The accused may not be hardened criminals; but … night shocks the collective conscience of the society - The instant case clearly comes within the catego1y of 'rarest of rare case' where the question of H 4 SUPREME COURT REPORTS (2017] 6 S.C.R. A any other punishment
Matched in judgment text
Supreme Court of India2 Sep 2014Full text
2014 INSC 590 · [2014] 11 S.C.R. 1009
Supreme Court in all death sentence cases, and apart from death sentence being granted · only in the rarest of rare cases, two factors have impressed us .. The first is the.irreversibility of a death penalty. And the second … behind returning the verdict of death sentence is that it has to be H awarded in the rarest of rare cases. There may be aggravating MOHD. ARIF @ASHFAQ v. REGISTRAR, SUPREME 1031• COURT OF INDIA [R.F. NARIMAN
Matched in judgment text
Supreme Court of India10 Aug 2011Full text
2011 INSC 571 · [2011] 10 S.C.R. 56
even without any 8 reference to any other case law, we held this case to be the rarest of rare case. Similar sentiment was expressed by this Court in State v. Navjot Singh Sandhu [2005 (11) SCC … parallel in the history of Indian Republic, presents us in crystal clear terms, a spectacle of rarest of rare cases. The very idea of D attacking and overpowering a sovereign democratic institution by using powerful arms and explosives
Matched in judgment text
Supreme Court of India21 Feb 2019Full text
2019 INSC 247 · [2019] 11 S.C.R. 295
Awarding death sentence is an exception, not the rule, and only in the rarest of rare cases, the court could award death sentence. The state of mind of a person awaiting death sentence and the state of mind … CrPC.” 109. In Mohinder Singh v. State of Punjab8, this Court held:-“22. The doctrine of “rarest of rare” confines two aspects G and when both the aspects are satisfied only then the death penalty can be imposed
Matched in judgment text
Supreme Court of India12 Dec 2018Full text
2018 INSC 1194 · [2018] 14 S.C.R. 585
The rarest of rare dictum, as discussed above, hints at this difference between death punishment and the alternative punishment of life imprisonment. The relevant question here would be to determine whether life imprisonment as a punishment will … aim of reformation can be said to be unachievable. Therefore, for satisfying the second exception to the rarest of rare doctrine, the court will have to provide clear evidence as to why the convict is not fit for
Matched in judgment text
Supreme Court of India15 Feb 2011Full text
2011 INSC 125 · [2011] 4 S.C.R. 312
Sentence/Sentencing - Death sentence - Commutation to life, if warranted - 'Rarest of rare' test - Murder of sitting member of State Legislative Assembly - Accused-appellants were part of the coal mafia and deceased being opposed to F such activities incurred their … wrath and got killed - Trial Court convicted the appellants but did not find it to be a rarest of rare case and awarded them life sentence - High Court enhanced the sentence by imposing upon the accused-appellants the
Matched in judgment text
Also on Law on Tips: Bare Acts · Legal news and analysis